Hello,
A very old tree is growing over a residents garage.

Customer Question

Sometimes branches, sticks and other debris from this tree fall onto the roof of the garage. This has already damaged the roof to the extent that a section of covering has been removed.

Please see the two photos here:

http://tinyurl.com/npp8a8d http://tinyurl.com/nfn7tuh

I understand that this resident has complained to the council but has been told that nothing can be done about the problem because this is a listed tree. (I am unclear whether the tree is on privately owned or land rented from a housing association.)

A second resident has a very similar problem with an adjacent tree growing over his garage - this time from the railway embankment. He too, has complained but Network Rail have said that this tree poses no threat to the garage.

The first thing to say is that normallyyou can cut off overhanging branches without notice however if there is a treepreservation order, you cannot do it without consent of the local authority.

Any damage caused by falling branchesor debris which can be attributed to negligent maintenance is theresponsibility of whoever owns the land that the trees are on which issomething that you are going to have to establish.

Whether the trees do indeed pose aproblem comes down to evidence.

If anything falls and damages theproperty, then the disadvantaged person's claim is against whoever owns theland that the tree is on and it is for the tree land owner to take issue withthe local authority. Just because the tree is listed does not absolve the landowner of a claim for negligence. The only difference is that if the tree isdangerous, they have to ask the Council for consent to remove it or to removethe overhanging branches. That is the only difference.

Does that answer your question? Can Ihelp any further? Can I answer any specific points?

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The threaddoes remain open for me to answer follow-up questions.

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